We were there in the court when LA Criminal Courts Judge Charlaine Olmedo denied Scientologist Danny Masterson’s motion to dismiss Jane Doe #1’s case against him on forcible rape charges. See Tony Ortega’s exclusive report on the dismissal.
Masterson’s attorney Philip Cohen argued that the delay in criminally charging Masterson was prejudicial to his client.
However, the California Supreme Court’s April 2022 decision in the Bracamontes case ruled that investigative delays are not prejudicial. Attorney Cohen seemed unaware of the Bracamontes decision and was schooled in it by Judge Olmedo. This was a courtroom embarrassment to Masterson’s attorneys Philip Cohen and his colleague Shawn Holley to be sure.
We post the Bracamontes ruling here for readers who want the exact details and why Masterson lost his argument that the delay prejudiced him. The Bracamontes Case; Judge Olmedo’s experience in trying gang cases; and the 1108 and 1101 evidence are obstacles Danny Masterson and his attorneys cannot overcomeBracamontes.Case
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